The National tribune., 1887-06-23
TIE LAW OF THE CASE.

THE LAW OF THE CASE.
The law applying to the captured flags is
so clear that no one has the slightest excuse
for misinterpreting it. The following is the
act entire, the italics being our own:
CHAPTER LXvIII.
An act 10 provide far the collection and preserva
tion Of such nagsg standards and colors shall
have been may hereafter be taken by the land
and naval forces Of the United States from their
enemies.
BE IL enarted BY the Senate and House Of Represent
GfiUcs Of the United States Of America in Congress As
seBied That the Secretary OF the War and Navy De-
partments be- and they are hereby directed TO cause
10 be collected and transmitted 10 them. at the seat
Of he Government Of Tie United States, oil such fdgs
standards aud coiOrs as shall have been or may
hereafter be taken by the Army and Navy of the
United States from u.eir enemies.
Section 2. And be Il further enacted. That all the
flags standards and colors of the description aoTe
said which are now in the possession Of the Depart
nents aforesaid and such may be hereafter trans
mitted 10 them be- with all convenient Dispatch
delivered TO the President Of the United States for
the purpose Of being. under his direction preserved
aud displayed ia such public place he shall deem
proper.
Sec 3. And De q further enacted, That the sum of
$500 be- aud the same Is hereby appropriated for
the above purposes out OF any moneys in the Treas
ury not otherwise appropriated.
Approved April Is. 1914.
This appears in the Revised Statutes in
the following shape:
Sec 2ls. The Secretary OF War shall. from time
10 time. cause 20 be collected and transmitted TO
him, Mt the seat OF Government. all such flags
sta rds colars falen nv he from,
the enemies Of the United States.
Sec AS. The Secretary Of the Navy shall. from
time TO time, 10 be collected and transmitted
10 him. at the seat Of Government, ali flags, stand
ards and colors taken by the Navy from the ene-
mics Of the United States.
Sec 1854. The Secretary of the Navy shall cause
90 be collected and transmitted TO him. nj the seat
Of Government OF the United States. all such flags.
standards and colors shall have been or may
hereafter be taken by the Navy from enemies
Sec 1855. All flags standards and cOlors OF the
description mentioned in the foregoing section
which are now in the possession Of the Navy De-
partment, may hereafter be transmitted to IT,
shall be delivered the President for the purpose
OF being under his direction preserved and dis
played in such public place as ke may deem
proper.
The application of this. law to the rebel
flags is clinched by the following decision Of
the Supreme Court, in the case Of "The We
nus" (5 Cranch, 253 -2S4):
The national character Of the owner at the time
OF the capture determines its legality and no fu-
ture circumstances changing the hostile character
OF the claimant 20 that OF friend or subject can
entitle him 10 restitution.
A little examination Of this will show that
the President has placed himself in very
unpleasant predicsment In the first place
he quoted so much Of the law as seemed to
justify his action in sending the flags back,
but omitted that portion which prevented
his doing as he desired. The law is so very
brief that he cannot avail himself of the
fimsy excuse that he had read one portion
but not the other. This would be no excuse
in any event, because he, above all others,
is supposed TO be familiar with the entire
law. When, therefore, he talks Of "consid-
ering with more care" it is too transparent
10 deceive anyone. Gen. Drum says that
the matter was before the President for at
least six weeks, and during that time il was
frequently referred 10. Certainly that was
ample time TO obtain the full meaning of
less than 20 lines Of printed matter. How
does it come that in six weeks he did not find
out as much about the law as he did in less
than that many hours after the indignant
dispatches began TO pour in upon him2
There is no escape from the conclusion
that the President presumed upon the prob
able ignorance of the people of an old and
seldom-mentioned law. He took his chances
that no one would find out that he was vio-
lating statute enacted 10 years ago, and
which has not been publicly referred to for
an indefinite number OF years.
II will be noticed that he nanifests no
change Of heart in the face OF the storm
raised by his unlawful act. He expresses
no regret that he contemplated doing some
thing which he discovers to be exceedingly
distasteful TO the veterans of the Union, and
patriotic people generally, which was q
clear violation of law, and for which, had
he carried out his intention, he could
have been impeached. He has simply
come TO the "opinion that the return Of the
flags in the manner thus contemplated ID
not authorized by the existing law" He
leaves it open whether he may not return
the Gags in some other way, and directly
hints TO those who expected to receive them
10 just be patient and it will probably all
come cut right. Some way will be found
TO fix the thing up.